Peers and Crime: Spotlight on SB-1437 (Part I)

The California legislature has been working furiously to pass many laws that affect all aspects of California life. Many changes were implemented that affect the criminal law and criminal justice system. One key change that has occurred affects accomplice liability or California’s aider and abettor laws with respect to felony murder. Gov. Jerry Brown signed a bill that limits who can be prosecuted for felony murder to those who commit or intend to commit a killing.

For a brief overview of California’s accomplice liability laws, click here.

California’s Felony Murder Rule

Previously, California’s felony murder rule allowed accomplices to be convicted of first-degree murder if a victim died during the commission of a felony even if the accomplice did not intend to kill, or did not know a homicide took place.

The underlying felonies are arson, rape and other sexual crimes, carjacking, robbery, burglary, mayhem, kidnapping, train wrecking, and homicide committed by intentionally firing a gun from a motor vehicle at a person outside of the motor vehicle with the intention to cause death.

Returning to our prior example, if Mateo had shot and killed a clerk in the jewelry store while robbing it, Logan and Nathan would also have been charged with felony murder under the old felony murder rule.

What is SB-1437?

SB-1437 prohibits a participant in the perpetration or attempted perpetration of one of the specified first degree murder felonies in which a death occurs from being liable for murder, unless the person was the actual killer or the person was not the actual killer but, with the intent to kill, aided, abetted, counseled, commanded, induced, solicited, requested, or assisted the actual killer, or the person was a major participant in the underlying felony and acted with reckless indifference to human life, unless the victim was a peace officer who was killed in the course of performing his or her duties, and the defendant knew or should reasonably have known the victim was a peace officer engaged in the performance of his or her duties.

How Does SB-1437 Affect My Case?

Anyone charged with felony murder after September 30, 2018 who was also an accomplice that did not actually kill the victim or intended to kill the victim could potentially mean less time in prison if convicted after a jury trial or plea.

If the jewelry heist occurred after September 30, 2018, Logan and Nathan would not be convicted of felony murder because they did not kill the victim nor knew that Mateo was going to kill the victim. Logan and Nathan are still guilty of robbery because they were active participants in the heist.

Check back next week to find out how SB-147 affects individuals already convicted and serving time for felony murder as an accomplice.

Charged Under California’s Felony Murder Statute?

Under California law, if you aid and abet a person who actually committed a crime, you could face the same exact penalties, meaning prison sentence. Aiding and abetting is not a crime in itself, instead it imposes criminal liability on the action of helpers. If you help someone commit a crime you will be charged with the same crime as the person who actually committed the crime. Contact the San Diego Criminal Defense Attorney to discuss your defense and mitigating circumstances.

Available 24/7, the Boertje Law Firm represents clients at any stage of the criminal case and for any crime charged, whether it is a violation, misdemeanor, or felony. We serve San Diego County including Carlsbad, Chula Vista, Coronado, El Cajon, Encinitas, Escondido, Fallbrook, Imperial Beach, La Jolla, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Spring Valley, and Vista. Whether your need for a criminal defense attorney arises during the pre-arrest investigation stage or the night before a court date, San Diego Criminal Defense Attorney David Boertje is available to talk to you. Call us toll free at (888) 476-0901 or contact us on the web to start legal representation today.